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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.
SB360,214
11Section
214. Trans 400.12 (4) (b) of the administrative code is created to read:
SB360,54,1512
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).
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16Section
215. Trans 400.13 (1) (a) of the administrative code is repealed.
SB360,216
17Section
216. Trans 400.13 (1) (am) of the administrative code is created to
18read:
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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:
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1. The FEIS makes substantial changes to the proposed action that are
23relevant to environmental or safety concerns.
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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.
SB360,217
4Section
217. Trans 400.13 (1) (b) (intro.) of the administrative code is amended
5to read:
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Trans 400.13
(1) (b) (intro.) The record of decision
, whether issued in
7combination with an FEIS or separately, shall contain the following information:
SB360,218
8Section
218. Trans 400.13 (2) (a) of the administrative code is amended to
9read:
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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).
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13Section
219. Trans 400.13 (3) of the administrative code is created to read:
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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.
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(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).
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(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.
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(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.
SB360,220
6Section
220. Trans 400.14 (1) (a) of the administrative code is amended to
7read:
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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.
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22Section
221. Trans 400.14 (2) (a) of the administrative code is amended to
23read:
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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.
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9Section
222. Trans 400.14 (3) of the administrative code is created to read:
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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:
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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.
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2. Make substantial changes to mitigation measures or findings discussed in
17the final agency action.
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(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.
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23Section
223. Trans 401.04 (28) of the administrative code is amended to read:
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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.
SB360,224
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:
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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.
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20Section
225.
Effective dates. This act takes effect on the day after
21publication, except as follows:
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(1)
The treatment of section Trans 146.04 (4) of the administrative code takes
23effect on January 1, 2016.