SB360,35,2119
Trans 315.01
(2) This chapter applies to all persons who are at least
4 8 years
20old and are subject to the safety belt installation and usage requirements of s. 347.48,
21Stats.
SB360,150
22Section
150. Trans 315.03 (1) of the administrative code is amended to read:
SB360,35,2523
Trans 315.03
(1) A person who is at least
4 8 years old is exempted from the
24provisions of s. 347.48 (2m), Stats., if the person cannot be properly restrained in a
25safety belt because of a physical or medical condition providing:
SB360,151
1Section
151. Trans 315.03 (2) of the administrative code is amended to read:
SB360,36,62
Trans 315.03
(2) A person at least
4
8 years old being transported in an
3authorized emergency vehicle as defined in s. 340.01 (3), Stats., when the vehicle is
4being operated in the performance of official duties, may be transported without a
5safety belt when the physical or medical needs of the person make restraint by safety
6belt unreasonable.
SB360,152
7Section
152. Trans 400.03 (note) of the administrative code is created to read:
SB360,36,23
8Trans 400.03 Applicability. (note) The National Environmental Policy Act
9(NEPA) requires the federal government to prepare environmental documentation
10for major federal actions. The Wisconsin Department of Transportation prepares the
11federal environmental documentation for review and approval by the federal
12government of actions for which federal funds are to be used by the department. The
13requirements for federally funded actions are followed by the department when
14federal funds are involved. These federally funded actions are also actions of the
15department to which the Wisconsin Environmental Policy Act (WEPA) applies.
16Finally, when the department pursues an action for which only state funds are
17involved, NEPA does not apply, but WEPA still applies. The intent of this chapter
18is to direct the department to follow NEPA and its implementing regulations for both
19NEPA and WEPA purposes when federal funds are involved in the proposed action.
20The intent is to apply WEPA and its implementing rules in this chapter when only
21state funds are involved in the proposed actions, but to make the WEPA
22implementing rules track the federal law and federal regulations as closely as
23possible.
SB360,153
24Section
153. Trans 400.04 (3) (note) of the administrative code is created to
25read:
SB360,37,3
1Trans 400.04
(3) (note) The specific versions of federal regulations and federal
2agency orders as referenced throughout this chapter are adopted in s. Trans 400.05
3and are reproduced at appendix 1 to this chapter.
SB360,154
4Section
154. Trans 400.04 (3) of the administrative code is amended to read:
SB360,37,145
Trans 400.04
(3) "Categorical exclusion" means an action which meets the
6definition of the term
in the guidelines published by the United States council on
7environmental quality as a federal rule in
40 CFR 1508.4, July 1, 1990, and the rule
8published jointly by the federal highway administration and urban mass transit
9administration of the United States department of transportation
and in
23 CFR
10771.117,
April 1, 1991, or the procedures published by 23 CFR 771.118, or chapter
116 of order 5050.4B of the federal aviation administration of the United States
12department of transportation
as order 5050.4A, chapter 3, paragraph 23, October 8,
131985, or other actions of the department for which neither an EA, EIS nor other
14environmental documentation is required by this rule.
SB360,155
15Section
155. Trans 400.04 (4) of the administrative code is amended to read:
SB360,37,2016
Trans 400.04
(4) "Cooperating agency" means any
Native American tribe, or
17any local, state
, or federal agency, other than the lead or transportation agency,
18which has jurisdiction by law over the proposed action or which has special expertise
19with respect to any relevant environmental effect generated by the proposed action
20or alternative.
SB360,156
21Section
156. Trans 400.04 (5) of the administrative code is amended to read:
SB360,37,2322
Trans 400.04
(5) "Department" means the Wisconsin department of
23transportation
or a local agency when acting under the direction of the department.
SB360,157
24Section
157. Trans 400.04 (10) of the administrative code is amended to read:
SB360,38,7
1Trans 400.04
(10) "ER" or "environmental report" means a brief document used
2internally by the department to demonstrate a proposed action fits the criteria or
3conditions for approval as a categorical exclusion
in 23 CFR 771.117 (d), April 1,
41991, or has met the review criteria of paragraph 23.a. of chapter 3 of federal aviation
5administration order 5050.4A of October 8, 1985, under s. Trans 400.08 (1) (d) or has
6been properly coordinated with other agencies having jurisdiction by law over
7specific activities.
SB360,158
8Section
158. Trans 400.04 (15) of the administrative code is repealed.
SB360,159
9Section
159. Trans 400.04 (22m) of the administrative code is created to read:
SB360,38,1310
Trans 400.04
(22m) "Participating agency" means any Native American tribe
11or any local, state, or federal agency, other than the lead agency, with an interest in
12the project. "Participating agency" includes cooperating agencies but does not
13include nongovernmental organizations or other private entities.
SB360,160
14Section
160. Trans 400.04 (24) of the administrative code is amended to read:
SB360,38,1815
Trans 400.04
(24) "Reevaluation" means the review of
a DEIS or FEIS an
16approved draft or final environmental document to assess whether there have been
17significant changes in the proposed action, the affected human environment, the
18anticipated environmental impacts, or the proposed mitigation measures.
SB360,161
19Section
161. Trans 400.05 of the administrative code is amended to read:
SB360,39,7
20Trans 400.05 Federal regulations adopted. Federal regulations, 23 CFR
21771.115, 771.117, 771.119(a) and 771.123(a), April 1, 1998, adopted jointly by the
22federal highway administration and urban mass transit administration of the
23United States department of transportation, and its federal aviation administration
24order 5050.4A, chapter 3, paragraphs 20, 21, 22, and 23, October 8, 1985, pursuant
25to 40 CFR 1508.4, July 1, 1998, as approved by the United States council on
1environmental quality, and 40 CFR 1506.8 and 1508.17 References throughout this
2chapter to federal regulations and orders are to the following specific versions, which
3are
hereby adopted by the department and are attached hereto in appendix 1
: 23
4CFR 771.115, 771.117, and 771.118, April 1, 2015; 40 CFR 1500.4, 1500.5, 1506.8,
5and 1508.4, July l, 2015; 49 CFR 266.19, October 1, 2014; and the United States
6department of transportation federal aviation administration order 5050.4B,
7chapters 6, 7, and 9, April 28, 2006.
SB360,162
8Section
162. Trans 400.05 (note) of the administrative code is repealed.
SB360,163
9Section
163. Trans 400.06 (5) of the administrative code is amended to read:
SB360,39,1210
Trans 400.06
(5) Measures necessary
to avoid, minimize and to mitigate for the
11mitigation of adverse environmental impacts of proposed actions shall be part of the
12development and evaluation of alternatives.
SB360,164
13Section
164. Trans 400.06 (6) of the administrative code is amended to read:
SB360,39,2014
Trans 400.06
(6) The department shall implement procedures to make the
15WEPA process more useful to decision makers and the public by reducing paperwork
16and reducing delay utilizing the means for achieving these goals as specified in the
17rules of the United States council on environmental quality at
40 CFR 1500.4 and
181500.5,
July 1, 1990, that which are attached hereto in appendix 1. Environmental
19documents shall be concise, clear, and to the point and emphasize real environmental
20issues and alternatives.
SB360,165
21Section
165. Trans 400.07 (2) (intro.) of the administrative code is amended
22to read:
SB360,39,2523
Trans 400.07
(2) (intro.)
Except for actions designated CE actions which do not
24require any environmental documentation, actions Actions and procedures
25designated EIS, EA or ER shall require the following environmental documentation:
SB360,166
1Section
166. Trans 400.07 (2) (b) 1. of the administrative code is amended to
2read:
SB360,40,133
Trans 400.07
(2) (b) 1. An EA shall be prepared for those project actions for
4which the significance of the environmental impact is not clearly established. If it
5is concluded from the analysis in the EA that the action is a major action, an EIS shall
6be prepared. If it is concluded from the analysis in the EA that the action is not a
7major action, the EA shall be revised to constitute a FONSI, and the FONSI shall
8serve as the environmental document. The FONSI shall be prepared only after
9availability of the EA for public
, and cooperating
and participating agency
, review
10and comment and the incorporation of any appropriate revisions resulting from the
11public involvement process. Where a permit will be required or other agency
12coordination is specifically required by law, the FONSI may serve as the vehicle for
13such permit or coordinating agency approval.
SB360,167
14Section
167. Trans 400.07 (2) (c) (intro.) of the administrative code is amended
15to read:
SB360,41,216
Trans 400.07
(2) (c) (intro.)
ER. An ER is a procedure followed for an action
17that is likely to fit the criteria for a conditional categorical exclusion in
23 CFR
18771.117 (d),
April 1, 1998 23 CFR 771.118 (d), or federal aviation administration
19order
5050.4A, chapter 3, paragraph 23.a., October 8, 1985 5050.4B, chapter 6,
20paragraph 605, or otherwise requires coordination with or concurrence of another
21agency. An environmental report, or ER, shall be prepared to demonstrate whether
22the proposed action does fit the criteria or conditions for approval as a categorical
23exclusion and has been properly coordinated with other agencies having jurisdiction
24by law over specific activities. The ER shall serve as the department's record of
1coordination with other agencies having jurisdiction over specific activities,
2including the following activities:
SB360,168
3Section
168. Trans 400.08 (1) (a) (intro.) of the administrative code is amended
4to read:
SB360,41,115
Trans 400.08
(1) (a) (intro.)
EIS - Environmental Impact Statement.
The
6federal highway administration regulations at 23 CFR 771.115(a) April 1, 1998,
7federal aviation administration order 5050.4A, chapter 3, paragraph 21, October 8,
81985, identify types of federally funded actions which require the preparation of an
9environmental impact statement. The following are examples of department major
10actions that
normally require the preparation of an environmental impact
11statement:
SB360,169
12Section
169. Trans 400.08 (1) (a) (intro.) (note) of the administrative code is
13repealed.
SB360,170
14Section
170. Trans 400.08 (1) (a) 1. c. of the administrative code is amended
15to read:
SB360,41,1916
Trans 400.08
(1) (a) 1. c.
New construction Construction or extension of
a fixed
17rail transit
facilities including
facility, such as rapid rail, light rail, commuter rail,
18and automated guideway transit or bus rapid transit, that will not be located within
19an existing transportation right-of-way.
SB360,171
20Section
171. Trans 400.08 (1) (a) 2. a. of the administrative code is amended
21to read:
SB360,41,2422
Trans 400.08
(1) (a) 2. a.
First time
Unconditionally approving or funding the
23first airport layout plan
approval or airport location
approval for a
new commercial
24service
airport located in a
standard metropolitan statistical area.
SB360,172
1Section
172. Trans 400.08 (1) (a) 2. b. of the administrative code is amended
2to read:
SB360,42,63
Trans 400.08
(1) (a) 2. b.
Federal financial participation in, or airport layout
4plan approval of, Unconditionally approving or funding a new runway
capable of
5handling to accommodate air carrier aircraft at a commercial service airport
located 6in a
standard metropolitan statistical area.
SB360,173
7Section
173. Trans 400.08 (1) (a) 3. (note) of the administrative code is
8amended to read:
SB360,42,149
Trans 400.08
(1) (a) 3. (note)
The federal highway administration regulations
10at 23 CFR 771.115 (a) and federal aviation administration order 5050.4B, chapter 9,
11paragraph 903, identify types of federally funded actions which normally require the
12preparation of an environmental impact statement. The federal railroad
13administration regulation at
49 CFR 266.19, October 1, 1997, generally identifies
14actions that do not require an environmental impact statement.
SB360,174
15Section
174. Trans 400.08 (1) (b) (intro.) of the administrative code is amended
16to read:
SB360,42,2417
Trans 400.08
(1) (b) (intro.)
EA - Environmental Assessment. EA procedures
18apply to actions for which the significance of the environmental impacts is not clearly
19established and require the preparation of an environmental assessment to make
20that determination.
The federal highway administration regulations at 23 CFR
21771.115(c) April 1, 1998, and the federal aviation order 5050.4A, chapter 3,
22paragraph 22, October 8, 1985 identify the types of federal actions that require the
23preparation of an environmental assessment. Examples of the department's actions
24that are required to follow the EA procedure are as follows:
SB360,175
1Section
175. Trans 400.08 (1) (b) 1. of the administrative code is repealed and
2recreated to read:
SB360,43,63
Trans 400.08
(1) (b) 1. `Highways and transit.' In addition to actions the
4department determines meet the criteria for an EA action under this chapter, the
5department may apply EA procedures to the highway and transit actions generally
6identified in
23 CFR 771.115 (c).
SB360,176
7Section
176. Trans 400.08 (1) (b) 2. of the administrative code is repealed and
8recreated to read:
SB360,43,129
Trans 400.08
(1) (b) 2. `Airports.' In addition to actions the department
10determines meet the criteria for an EA action under this chapter, the department
11may apply EA procedures to actions generally identified in federal aviation
12administration order 5050.4B.
SB360,177
13Section
177. Trans 400.08 (1) (b) 3. of the administrative code is amended to
14read:
SB360,43,2015
Trans 400.08
(1) (b) 3. Administrative facilities.
Construction Examples of
16department actions regarding administrative facilities to which EA procedures
17normally apply are: construction of a new or replacement administrative building,
18including an office building, state patrol academy, driver licensing and testing
19station, state patrol communications building, or other similar facility, at a new
20location.
SB360,178
21Section
178. Trans 400.08 (1) (b) 5. (intro.) of the administrative code is
22amended to read:
SB360,43,2523
Trans 400.08
(1) (b) 5. (intro.) Policy, contract, standard
, and specification
24changes.
Examples of department actions regarding policy, contract, standard, and
25specification changes to which EA procedures normally apply are:
SB360,179
1Section
179. Trans 400.08 (1) (c) (intro.) of the administrative code is
2renumbered Trans 400.08 (1) (d) (intro.) and amended to read:
SB360,44,103
Trans 400.08
(1) (d) (intro.)
ER - Environmental Report.
ER procedures apply
4to actions identified in 23 CFR 771.117(d), April 1, 1998, and federal aviation
5administration order 5050.4A, chapter 3, paragraph 23a., October 8, 1985. ER
6actions require documentation with an environmental report. The environmental
7report shall demonstrate that the action meets the criteria for a categorical exclusion
8by demonstrating that specific conditions or criteria for the action have been
9addressed and that significant environmental effects will not result.
Examples of ER
10actions to which ER procedures apply are as follows:
SB360,180
11Section
180. Trans 400.08 (1) (c) 1. of the administrative code is repealed and
12recreated to read:
SB360,44,1613
Trans 400.08
(1) (c) 1. `Highways and transit.' In addition to actions the
14department determines meet the criteria for a CE action under this chapter, the
15department may classify as CE actions those highway and transit actions identified
16in
23 CFR 771.117 (c) and
23 CFR 771.118 (c).
SB360,181
17Section
181. Trans 400.08 (1) (c) 2. of the administrative code is repealed and
18recreated to read:
SB360,44,2219
Trans 400.08
(1) (c) 2. `Airports.' In addition to actions the department
20determines meet the criteria for a CE action under this chapter, the department may
21classify as CE actions those airport actions identified in federal aviation
22administration order 5050.4B.
SB360,182
23Section
182. Trans 400.08 (1) (c) 3. of the administrative code is renumbered
24Trans 400.08 (1) (d) 3. and amended to read:
SB360,45,7
1Trans 400.08
(1) (d) 3. Administrative facilities.
Extensive Examples of
2department actions regarding administrative facilities to which ER procedures
3normally apply are: extensive remodeling, expansion or modification of an
4administrative building, including an office building, state patrol academy, driver
5licensing and testing station, state patrol communications building, or other similar
6facility, which either substantially increases the capacity of the facility or
7substantially changes its use.
SB360,183
8Section
183. Trans 400.08 (1) (c) 4. of the administrative code is renumbered
9Trans 400.08 (1) (d) 4.
SB360,184
10Section
184. Trans 400.08 (1) (c) 5. of the administrative code is renumbered
11Trans 400.08 (1) (d) 5., and Trans 400.08 (1) (d) 5. (intro.), as renumbered, is amended
12to read:
SB360,45,1513
Trans 400.08
(1) (d) 5. (intro.) Policy, contract, standard and specification
14changes.
Examples of department actions regarding policy, contract, standard, and
15specification changes to which ER procedures normally apply are:
SB360,185
16Section
185. Trans 400.08 (1) (d) (intro.) of the administrative code is
17renumbered Trans 400.08 (1) (c) (intro.) and amended to read:
SB360,46,618
Trans 400.08
(1) (c) (intro.)
CE - Categorical Exclusions. CE actions are
19categorically excluded from the requirement to prepare environmental
20documentation
pursuant to the rule published by the United States department of
21transportation in 23 CFR 771.117, April 1, 1998, or its federal aviation
22administration order 5050.4A, chapter 3, paragraph 23, October 8, 1985. CE actions
23do not require environmental documentation because, based on past experience with
24similar actions, they do not involve significant environmental impacts. They are
25actions which do not induce significant impacts to planned growth or land use for the
1area, do not require the relocation of significant numbers of people, do not have a
2significant impact on any natural, cultural, recreational, historic or other resource,
3do not involve significant air, noise, or water quality impacts, do not have significant
4impacts on travel patterns, and do not otherwise, either individually or cumulatively,
5have any significant environmental impacts.
Examples of CE actions include the
6following:
SB360,186
7Section
186. Trans 400.08 (1) (d) 1. of the administrative code is repealed and
8recreated to read:
SB360,46,129
Trans 400.08
(1) (d) 1. `Highways and transit.' In addition to actions the
10department determines meet the criteria for an ER action under this chapter, the
11department may apply ER procedures to the highway and transit actions identified
12in
23 CFR 771.117 (d) and
23 CFR 771.118 (d).
SB360,187
13Section
187. Trans 400.08 (1) (d) 2. of the administrative code is repealed and
14recreated to read:
SB360,46,1815
Trans 400.08
(1) (d) 2. `Airports.' In addition to actions the department
16determines meet the criteria for an ER action under this chapter, the department
17may apply ER procedures to actions identified in the federal aviation administration
18order 5050.4B.
SB360,188
19Section
188. Trans 400.08 (1) (d) 3. of the administrative code is renumbered
20Trans 400.08 (1) (c) 3. and amended to read:
SB360,46,2521
Trans 400.08
(1) (c) 3. Administrative facilities.
Minor Examples of
22department actions regarding administrative facilities that are normally classified
23as CE actions are: minor construction or expansion of an airport facility, such as a
24runway, taxiway, apron, service or entrance road, or passenger handling or parking
25facility.
SB360,189
1Section
189. Trans 400.08 (1) (d) 4. of the administrative code is renumbered
2Trans 400.08 (1) (c) 4.
SB360,190
3Section
190. Trans 400.08 (2) (a) of the administrative code is amended to
4read:
SB360,47,75
Trans 400.08
(2) (a) Activities exempt by statute or approved as categorical
6exclusions by the United States council on environmental quality pursuant to
40
7CFR 1508.4, July 1, 1998.
SB360,191
8Section
191. Trans 400.08 (2) (f) of the administrative code is amended to read:
SB360,47,119
Trans 400.08
(2) (f) The budget request of the department as a whole submitted
10to the department of administration and legislature pursuant to
ss. s. 16.42
and
1119.45 (12), Stats.
SB360,192
12Section
192. Trans 400.09 (4) (e) of the administrative code is amended to
13read:
SB360,47,1514
Trans 400.09
(4) (e) Ensure the required involvement of any cooperating
and
15participating agencies.
SB360,193
16Section
193. Trans 400.10 (3) (c) of the administrative code is amended to read:
SB360,47,2317
Trans 400.10
(3) (c) In addition to the contents required under par. (a), the FEIS
18shall also incorporate the comments received during the DEIS and subsequent
19hearing processes. A response shall be made to each
substantive environmental
20issue identified in the comments and not addressed in the DEIS. The response shall
21include a discussion of the environmental issue, including the identification of the
22efforts to resolve the issue and the commitments to specific measures to mitigate
23adverse impacts and enhance beneficial effects.
SB360,194
24Section
194. Trans 400.10 (4) (a) 1. of the administrative code is renumbered
25Trans 400.10 (4) (a) 1r. and amended to read:
SB360,48,2
1Trans 400.10
(4) (a) 1r. Stimulation of
secondary indirect environmental
2effects.
SB360,195
3Section
195. Trans 400.10 (4) (a) 1g. of the administrative code is created to
4read:
SB360,48,55
Trans 400.10
(4) (a) 1g. The content requirements for an ER under sub. (5).
SB360,196
6Section
196. Trans 400.10 (4) (a) 5. of the administrative code is amended to
7read: