AB454,201
14Section
201. Trans 400.11 (3) (b) (intro.) of the administrative code is
15renumbered Trans 400.11 (3) (b) and amended to read:
AB454,49,2016
Trans 400.11
(3) (b)
Notice of availability of DEIS. A notice of availability of
17the DEIS shall be published
in the appropriate official local newspaper or in a
18newspaper with general circulation within the area affected by the proposed action.
19If the proposed action is of statewide interest, such notice shall also be published in
20the official state newspaper. Such notice shall include: as provided in sub. (8).
AB454,202
21Section
202. Trans 400.11 (3) (b) 1. to 4. of the administrative code are
22repealed.
AB454,203
23Section
203. Trans 400.11 (4) of the administrative code is amended to read:
AB454,50,524
Trans 400.11
(4) FEIS and ROD. The FEIS
and ROD shall be printed and
25distributed, and a notice of availability of the FEIS shall be published
, in the same
1manner as provided for a DEIS under sub. (3)
, except that. If separate FEIS and ROD
2documents are necessary under s. Trans 400.13 (1) (am), the decision to proceed with
3the proposed action and to sign the ROD shall not be made sooner than 30 days after
4the date of publication of the notice of availability of the FEIS or 90 days after the
5date of publication of the notice of availability of the DEIS.
AB454,204
6Section
204. Trans 400.11 (5) (a) of the administrative code is amended to
7read:
AB454,50,138
Trans 400.11
(5) (a)
Public availability of EA. The EA shall be made available
9for public inspection at the department's central office, the appropriate department
10region office,
public libraries as identified under sub. (3) (a) 6., and the office of the
11local unit of government having requested the proposed action. A charge may be
12assessed to cover reproduction and handling costs for requested copies of the EA or
13portions thereof.
AB454,205
14Section
205. Trans 400.11 (5) (b) (intro.) of the administrative code is
15renumbered Trans 400.11 (5) (b) and amended to read:
AB454,50,2116
Trans 400.11
(5) (b)
Notice of availability of EA. A notice of availability of the
17EA shall be published
in the appropriate official local newspaper or in a newspaper
18of general circulation within the area affected by the proposed action. If the proposed
19action is of statewide interest, the notice shall also be published in the official state
20newspaper. The notice may be combined with the notice of opportunity for public
21hearing provided for under par. (c). The notice shall: as provided in sub. (8).
AB454,206
22Section
206. Trans 400.11 (5) (b) 1. to 5. of the administrative code are
23repealed.
AB454,207
24Section
207. Trans 400.11 (5) (c) of the administrative code is amended to read:
AB454,51,11
1Trans 400.11
(5) (c)
Notice of opportunity for to request a public hearing on EA.
2 A If the department determines to afford the opportunity for a public hearing on an
3EA under s. Trans 400.12 (4) (a), a notice of opportunity
for to request a public
4hearing shall be published when the EA is completed and made available for
5inspection as provided for under par. (a). Publication of the notice shall be in the
6appropriate official local newspaper or in a newspaper of general circulation within
7the area affected by the proposed action. Publication shall also be in the official state
8newspaper if the proposed action is of statewide interest. The notice shall invite
9submission of requests for a public hearing on the EA within 30 days after the date
10of publication of the notice. The notice shall include a description of the procedure
11for requesting a public hearing.
AB454,208
12Section
208. Trans 400.11 (7) of the administrative code is renumbered Trans
13400.11 (7) (a) and amended to read:
AB454,51,1914
Trans 400.11
(7) (a) The ER shall upon request be made available for inspection
15at the department's central office, the appropriate department region office, and the
16office of the local unit of government having requested the proposed action.
A 17Subject to par. (b), a notice of availability shall not be required for an ER. A charge
18may be assessed to cover reproduction and handling costs for requested copies of the
19ER.
AB454,209
20Section
209. Trans 400.11 (7) (b) of the administrative code is created to read:
AB454,51,2421
Trans 400.11
(7) (b) If the department determines to hold, or afford the
22opportunity for, a public hearing on an ER action under s. Trans 400.12 (4) (b), the
23department shall make the ER publicly available and provide notice of public
24availability under sub. (5) as if the ER were an EA.
AB454,210
25Section
210. Trans 400.11 (8) of the administrative code is created to read:
AB454,52,6
1Trans 400.11
(8) Notice of availability. (a) When an environmental document
2listed under par. (c) is made available to the public by the department, a notice of
3availability shall be published in the appropriate official local newspaper or in a
4newspaper of general circulation within the area affected by the proposed action. If
5the proposed action is of statewide interest, the notice shall also be published in the
6official state newspaper. The notice shall:
AB454,52,77
1. Briefly describe the proposed action.
AB454,52,88
2. Announce the completion and availability of the environmental document.
AB454,52,99
3. List the locations where the environmental document may be inspected.
AB454,52,1310
4. Except in the case of a ROD or a combined FEIS and ROD document, invite
11the public to furnish written comments on the proposed action; indicate where
12comments are to be sent; and indicate the date that such comments must be
13submitted to the department as determined under par. (b).
AB454,52,1514
(b) The comment period for specific environmental documents shall be as
15follows:
AB454,52,1716
1. For a DEIS, the comment period may not be less, nor without cause longer
17than, 45 days after the date of the publication of the notice of availability.
AB454,52,2118
2. If the department determines a separate FEIS and ROD are necessary under
19s. Trans 400.13 (1) (am), the comment period for the FEIS may not be less, nor
20without cause longer than, 30 days after the date of publication of the notice of
21availability.
AB454,52,2522
3. For an EA, and for an ER if the department determines it will hold or afford
23the opportunity for a public hearing under s. Trans 400.12 (4) (b), the comment period
24may not be less, nor without cause longer than, 30 days after the date of publication
25of the notice of availability.
AB454,53,2
1(c) A notice of availability shall be published for the following environmental
2documents:
AB454,53,55
3. FEIS and ROD, or a combined FEIS and ROD.
AB454,53,87
5. ER, if the department determines that it will hold or afford the opportunity
8for a public hearing under s. Trans 400.12 (4) (b).
AB454,53,109
(d) The notice of availability of the environmental document may be combined
10with other public notices required under this chapter.
AB454,211
11Section
211. Trans 400.12 (3) (a) of the administrative code is amended to
12read:
AB454,53,1713
Trans 400.12
(3) (a) Whenever a proposed action requires an EIS, the
14department shall hold a public hearing on the DEIS no sooner than 15 days after its
15notice of availability is published. The hearing shall be held prior to the
16determination of the recommended selection of the final course of action for the
17proposal
, but the department may present a preferred alternative.
AB454,212
18Section
212. Trans 400.12 (4) (title) of the administrative code is amended to
19read:
AB454,53,2120
Trans 400.12
(4) (title)
Public hearing
, or opportunity for public hearing, on
21EA or ER.
AB454,213
22Section
213. Trans 400.12 (4) of the administrative code is renumbered Trans
23400.12 (4) (a) and amended to read:
AB454,54,424
Trans 400.12
(4) (a)
Unless EA procedures indicate the action is an EIS action,
25the department shall hold, or afford the opportunity for, a public hearing on an EA
1action prior to the issuance of a FONSI. A public hearing on an EA may be held by
2the department
at the department's discretion and shall be held if a request for such
3a hearing is received by the department within the time specified in the notice of
4opportunity
for to request a public hearing
provided for under s. Trans 400.11 (5) (c).
AB454,54,10
5(c) Whenever the department
determines to hold a public hearing or approves
6a timely request for a public hearing under this subsection, the department shall
7proceed in the same manner as provided for a public hearing on a DEIS under sub.
8(3), except that the public hearing shall be held no sooner than 15 days after
9publication of the public hearing notice and the identity of the EA
or ER shall be
10referenced in the public hearing notice.
AB454,214
11Section
214. Trans 400.12 (4) (b) of the administrative code is created to read:
AB454,54,1512
Trans 400.12
(4) (b) The department at its sole discretion may determine to
13hold a public hearing or afford the opportunity for a public hearing for ER actions.
14If the department determines to afford the opportunity for a public hearing for an ER
15action, the department shall follow EA procedures under par. (a).
AB454,215
16Section
215. Trans 400.13 (1) (a) of the administrative code is repealed.
AB454,216
17Section
216. Trans 400.13 (1) (am) of the administrative code is created to
18read:
AB454,54,2119
Trans 400.13
(1) (am) To the maximum extent practicable, the department
20shall expeditiously develop a single document that consists of an FEIS and ROD,
21unless any of the following applies:
AB454,54,2322
1. The FEIS makes substantial changes to the proposed action that are
23relevant to environmental or safety concerns.
AB454,55,3
12. There are significant new circumstances or information relevant to
2environmental concerns and that bear on the proposed action or the impacts of the
3proposed action.
AB454,217
4Section
217. Trans 400.13 (1) (b) (intro.) of the administrative code is amended
5to read:
AB454,55,76
Trans 400.13
(1) (b) (intro.) The record of decision
, whether issued in
7combination with an FEIS or separately, shall contain the following information:
AB454,218
8Section
218. Trans 400.13 (2) (a) of the administrative code is amended to
9read:
AB454,55,1210
Trans 400.13
(2) (a) The decision to revise an EA to constitute a FONSI shall
11not be made until after the end of the
30-day comment period specified in the notice
12of availability of the EA provided for under s. Trans 400.11
(5) (b) (8).
AB454,219
13Section
219. Trans 400.13 (3) of the administrative code is created to read:
AB454,55,1614
Trans 400.13
(3) ER. (a) Unless the department determines to hold, or afford
15the opportunity for, a public hearing under s. Trans 400.12 (4) (b), an approved ER
16document constitutes the department's final decision on a proposed action.
AB454,55,2017
(b) When the department holds, or affords the opportunity for, a public hearing
18on an ER, the decision to revise an ER to constitute a final decision on a proposed
19action shall not be made until after the end of the comment period specified in the
20notice of availability of the ER provided for under s. Trans 400.11 (8).
AB454,56,221
(c) If potentially significant impacts have not been identified during the ER
22availability period, the department shall revise the ER as appropriate and shall
23attach a summary of the public hearing, if a hearing was held, and a summary of any
24comments received and responses thereto. These items, along with a statement of
1no significant impact, shall constitute the final action determination document and
2the record of decision.
AB454,56,53
(d) If, at any point in the ER process, the department determines that the
4proposed action may have a significant impact on the quality of the human
5environment, an EIS shall be prepared before proceeding with the proposed action.
AB454,220
6Section
220. Trans 400.14 (1) (a) of the administrative code is amended to
7read:
AB454,56,218
Trans 400.14
(1) (a) A reevaluation of a DEIS shall be prepared if 3 years have
9elapsed before the date of publication of the notice of availability of the FEIS
10provided for under s. Trans 400.11 (4). A reevaluation of a DEIS shall also be
11prepared any time prior to the date of publication of the notice of availability of the
12FEIS if, in the judgment of the department, there have been significant changes in
13the proposed action, the affected human environment, the anticipated
14environmental impacts or the proposed mitigation measures. If in either case the
15reevaluation indicates or confirms any such significant changes, a
new
16environmental document or supplemental DEIS shall be prepared
prior to
17proceeding with the proposed action. The supplemental DEIS shall be prepared and
18processed in the same manner as a DEIS under this chapter. Preparation of the
19supplemental DEIS shall not require withdrawal of previous approvals for those
20aspects of the proposed action not directly affected by the changed condition or new
21information.
AB454,221
22Section
221. Trans 400.14 (2) (a) of the administrative code is amended to
23read:
AB454,57,824
Trans 400.14
(2) (a) A reevaluation of a FEIS shall be prepared any time there
25have been, in the judgment of the department, significant changes in the proposed
1action, the affected human environment, the anticipated environmental impacts or
2the proposed mitigation measures. If the reevaluation confirms any such significant
3changes, a
new environmental document or supplemental FEIS shall be prepared
4prior to proceeding with the proposed action. The supplemental FEIS shall be
5prepared and processed in the same manner as a FEIS under this chapter.
6Preparation of the supplemental FEIS shall not require withdrawal of previous
7approvals for those aspects of the proposed action not directly affected by the
8changed condition or new information.
AB454,222
9Section
222. Trans 400.14 (3) of the administrative code is created to read:
AB454,57,1210
Trans 400.14
(3) Revision of final action document. (a) The department may
11revise a final action document, including a ROD, FONSI, or ER, in order to do any
12of the following:
AB454,57,1513
1. Select a different alternative, if the new selected alternative is fully
14evaluated in the FEIS, EA, or ER to the same degree as the originally selected
15alternative.
AB454,57,1716
2. Make substantial changes to mitigation measures or findings discussed in
17the final agency action.
AB454,57,2218
(b) If the department revises a final action document under par. (a), those
19agencies that reviewed the FEIS, EA, or ER shall be given an opportunity to review
20and comment on the revised final action document. To the extent practicable, the
21approved revised final action document shall be provided to all persons,
22organizations, and agencies that received the FEIS, EA, or ER.
AB454,223
23Section
223. Trans 401.04 (28) of the administrative code is amended to read:
AB454,58,3
1Trans 401.04
(28) "Section 404 permit" means a permit issued by the U.S.
army
2corps of engineers Army Corps of Engineers under
33 USC 1344 of the clean water
3act, as amended.
AB454,224
4Section
224. Trans 510.08 (2) (intro.), (a) and (b) of the administrative code
5are consolidated, renumbered Trans 510.08 (2) and amended to read:
AB454,58,196
Trans 510.08
(2) A jobs guarantee with the local governing body shall be part
7of the project agreement when deemed necessary by the department in order to
8protect the public interest. The local governing body shall, in turn, be encouraged
9to develop a similar agreement with the economic development project. The jobs
10guarantee shall obligate the local governing body to reimburse the department for
11up to the full amount of the grant if
either of the following occurs: (a) The guaranteed
12number of direct jobs associated with the economic development project do not result
13within 3 years of the date the project agreement is executed. (b) The the guaranteed
14number of direct jobs associated with the economic development project do not exist
15 7 5 years after the date the project agreement is executed. The base number of jobs
16to be used for comparison shall be established on the date funds are awarded.
17Verification of the number of direct jobs associated with the economic development
18project shall be made utilizing information available from the department of
19workforce development and other sources.
AB454,225
20Section
225.
Effective dates. This act takes effect on the day after
21publication, except as follows:
AB454,58,2322
(1)
The treatment of section Trans 146.04 (4) of the administrative code takes
23effect on January 1, 2016.