AB454: Bill Text

AB454,47,7 Trans 400.08 (2) (a) Activities exempt by statute or approved as categorical exclusions by the United States council on environmental quality pursuant to 40 CFR 1508.4, July 1, 1998.

AB454,191 Section 191. Trans 400.08 (2) (f) of the administrative code is amended to read:

AB454,47,11 Trans 400.08 (2) (f) The budget request of the department as a whole submitted to the department of administration and legislature pursuant to ss. s. 16.42 and 19.45 (12), Stats.

AB454,192 Section 192. Trans 400.09 (4) (e) of the administrative code is amended to read:

AB454,47,15 Trans 400.09 (4) (e) Ensure the required involvement of any cooperating and participating agencies.

AB454,193 Section 193. Trans 400.10 (3) (c) of the administrative code is amended to read:

AB454,47,23 Trans 400.10 (3) (c) In addition to the contents required under par. (a), the FEIS shall also incorporate the comments received during the DEIS and subsequent hearing processes. A response shall be made to each substantive environmental issue identified in the comments and not addressed in the DEIS. The response shall include a discussion of the environmental issue, including the identification of the efforts to resolve the issue and the commitments to specific measures to mitigate adverse impacts and enhance beneficial effects.

AB454,194 Section 194. Trans 400.10 (4) (a) 1. of the administrative code is renumbered Trans 400.10 (4) (a) 1r. and amended to read:

AB454,48,2 Trans 400.10 (4) (a) 1r. Stimulation of secondary indirect environmental effects.

AB454,195 Section 195. Trans 400.10 (4) (a) 1g. of the administrative code is created to read:

AB454,48,5 Trans 400.10 (4) (a) 1g. The content requirements for an ER under sub. (5).

AB454,196 Section 196. Trans 400.10 (4) (a) 5. of the administrative code is amended to read:

AB454,48,9 Trans 400.10 (4) (a) 5. The degree of controversy on environmental grounds associated with the proposed action.

AB454,197 Section 197. Trans 400.10 (5) (intro.) of the administrative code is amended to read:

AB454,48,15 Trans 400.10 (5) (intro.) ER content. The ER may be completed on screening sheets developed by the department. The ER shall reflect compliance with the applicable laws and regulations of other agencies, and shall include all of the following:

AB454,198 Section 198. Trans 400.11 (1) (b) (intro.) of the administrative code is renumbered Trans 400.11 (1) (b) and amended to read:

AB454,48,22 Trans 400.11 (1) (b) Notice of availability of a SEE. A notice of availability of a system plan and its SEE shall be published in the official state newspaper and other newspapers, as deemed appropriate. The notice may be combined with a notice of opportunity for a public hearing on the system plan. The notice shall: as provided in sub. (8).

AB454,199 Section 199. Trans 400.11 (1) (b) 1. to 4. of the administrative code are repealed.

AB454,200 Section 200. Trans 400.11 (2) of the administrative code is amended to read:

AB454,49,13 Trans 400.11 (2) LEIS. In the case of a departmental report or recommendation on a department-initiated proposal for legislation that contains major and significant new proposals that are not within the scope of any categorical exclusion, the department shall prepare a LEIS substantially following the guidelines of the United States council on environmental quality in 40 CFR 1506.8, July 1, 1998. This includes transmission of the LEIS to the legislature concurrent with or within 30 days after the legislative proposal is submitted to the legislature, provided that the LEIS must be available in time for legislative hearings and deliberations, and 5 days in advance. There is no scoping requirement and the statement shall be prepared in the same manner as a DEIS, but shall be considered the detailed statement required by s. 1.11 (2) (c), Stats. Any comments on the LEIS shall be given to the department which shall forward them along with its own responses to the legislative committees with jurisdiction.

AB454,201 Section 201. Trans 400.11 (3) (b) (intro.) of the administrative code is renumbered Trans 400.11 (3) (b) and amended to read:

AB454,49,20 Trans 400.11 (3) (b) Notice of availability of DEIS. A notice of availability of the DEIS shall be published in the appropriate official local newspaper or in a newspaper with general circulation within the area affected by the proposed action. If the proposed action is of statewide interest, such notice shall also be published in the official state newspaper. Such notice shall include: as provided in sub. (8).

AB454,202 Section 202. Trans 400.11 (3) (b) 1. to 4. of the administrative code are repealed.

AB454,203 Section 203. Trans 400.11 (4) of the administrative code is amended to read:

AB454,50,5 Trans 400.11 (4) FEIS and ROD. The FEIS and ROD shall be printed and distributed, and a notice of availability of the FEIS shall be published , in the same manner as provided for a DEIS under sub. (3), except that. If separate FEIS and ROD documents are necessary under s. Trans 400.13 (1) (am), the decision to proceed with the proposed action and to sign the ROD shall not be made sooner than 30 days after the date of publication of the notice of availability of the FEIS or 90 days after the date of publication of the notice of availability of the DEIS.

AB454,204 Section 204. Trans 400.11 (5) (a) of the administrative code is amended to read:

AB454,50,13 Trans 400.11 (5) (a) Public availability of EA. The EA shall be made available for public inspection at the department's central office, the appropriate department region office, public libraries as identified under sub. (3) (a) 6., and the office of the local unit of government having requested the proposed action. A charge may be assessed to cover reproduction and handling costs for requested copies of the EA or portions thereof.

AB454,205 Section 205. Trans 400.11 (5) (b) (intro.) of the administrative code is renumbered Trans 400.11 (5) (b) and amended to read:

AB454,50,21 Trans 400.11 (5) (b) Notice of availability of EA. A notice of availability of the EA shall be published in the appropriate official local newspaper or in a newspaper of general circulation within the area affected by the proposed action. If the proposed action is of statewide interest, the notice shall also be published in the official state newspaper. The notice may be combined with the notice of opportunity for public hearing provided for under par. (c). The notice shall: as provided in sub. (8).

AB454,206 Section 206. Trans 400.11 (5) (b) 1. to 5. of the administrative code are repealed.

AB454,207 Section 207. Trans 400.11 (5) (c) of the administrative code is amended to read:

AB454,51,11 Trans 400.11 (5) (c) Notice of opportunity for to request a public hearing on EA. A If the department determines to afford the opportunity for a public hearing on an EA under s. Trans 400.12 (4) (a), a notice of opportunity for to request a public hearing shall be published when the EA is completed and made available for inspection as provided for under par. (a). Publication of the notice shall be in the appropriate official local newspaper or in a newspaper of general circulation within the area affected by the proposed action. Publication shall also be in the official state newspaper if the proposed action is of statewide interest. The notice shall invite submission of requests for a public hearing on the EA within 30 days after the date of publication of the notice. The notice shall include a description of the procedure for requesting a public hearing.

AB454,208 Section 208. Trans 400.11 (7) of the administrative code is renumbered Trans 400.11 (7) (a) and amended to read:

AB454,51,19 Trans 400.11 (7) (a) The ER shall upon request be made available for inspection at the department's central office, the appropriate department region office, and the office of the local unit of government having requested the proposed action. A Subject to par. (b), a notice of availability shall not be required for an ER. A charge may be assessed to cover reproduction and handling costs for requested copies of the ER.

AB454,209 Section 209. Trans 400.11 (7) (b) of the administrative code is created to read:

AB454,51,24 Trans 400.11 (7) (b) If the department determines to hold, or afford the opportunity for, a public hearing on an ER action under s. Trans 400.12 (4) (b), the department shall make the ER publicly available and provide notice of public availability under sub. (5) as if the ER were an EA.

AB454,210 Section 210. Trans 400.11 (8) of the administrative code is created to read:

AB454,52,6 Trans 400.11 (8) Notice of availability. (a) When an environmental document listed under par. (c) is made available to the public by the department, a notice of availability shall be published in the appropriate official local newspaper or in a newspaper of general circulation within the area affected by the proposed action. If the proposed action is of statewide interest, the notice shall also be published in the official state newspaper. The notice shall:

AB454,52,7 1. Briefly describe the proposed action.

AB454,52,8 2. Announce the completion and availability of the environmental document.

AB454,52,9 3. List the locations where the environmental document may be inspected.

AB454,52,13 4. Except in the case of a ROD or a combined FEIS and ROD document, invite the public to furnish written comments on the proposed action; indicate where comments are to be sent; and indicate the date that such comments must be submitted to the department as determined under par. (b).

AB454,52,15 (b) The comment period for specific environmental documents shall be as follows:

AB454,52,17 1. For a DEIS, the comment period may not be less, nor without cause longer than, 45 days after the date of the publication of the notice of availability.

AB454,52,21 2. If the department determines a separate FEIS and ROD are necessary under s. Trans 400.13 (1) (am), the comment period for the FEIS may not be less, nor without cause longer than, 30 days after the date of publication of the notice of availability.

AB454,52,25 3. For an EA, and for an ER if the department determines it will hold or afford the opportunity for a public hearing under s. Trans 400.12 (4) (b), the comment period may not be less, nor without cause longer than, 30 days after the date of publication of the notice of availability.

AB454,53,2 (c) A notice of availability shall be published for the following environmental documents:

AB454,53,3 1. SEE.

AB454,53,4 2. DEIS.

AB454,53,5 3. FEIS and ROD, or a combined FEIS and ROD.

AB454,53,6 4. EA.

AB454,53,8 5. ER, if the department determines that it will hold or afford the opportunity for a public hearing under s. Trans 400.12 (4) (b).

AB454,53,10 (d) The notice of availability of the environmental document may be combined with other public notices required under this chapter.

AB454,211 Section 211. Trans 400.12 (3) (a) of the administrative code is amended to read:

AB454,53,17 Trans 400.12 (3) (a) Whenever a proposed action requires an EIS, the department shall hold a public hearing on the DEIS no sooner than 15 days after its notice of availability is published. The hearing shall be held prior to the determination of the recommended selection of the final course of action for the proposal, but the department may present a preferred alternative.

AB454,212 Section 212. Trans 400.12 (4) (title) of the administrative code is amended to read:

AB454,53,21 Trans 400.12 (4) (title) Public hearing , or opportunity for public hearing, on EA or ER.

AB454,213 Section 213. Trans 400.12 (4) of the administrative code is renumbered Trans 400.12 (4) (a) and amended to read:

AB454,54,4 Trans 400.12 (4) (a) Unless EA procedures indicate the action is an EIS action, the department shall hold, or afford the opportunity for, a public hearing on an EA action prior to the issuance of a FONSI. A public hearing on an EA may be held by the department at the department's discretion and shall be held if a request for such a hearing is received by the department within the time specified in the notice of opportunity for to request a public hearing provided for under s. Trans 400.11 (5) (c).

AB454,54,10 (c) Whenever the department determines to hold a public hearing or approves a timely request for a public hearing under this subsection, the department shall proceed in the same manner as provided for a public hearing on a DEIS under sub. (3), except that the public hearing shall be held no sooner than 15 days after publication of the public hearing notice and the identity of the EA or ER shall be referenced in the public hearing notice.

AB454,214 Section 214. Trans 400.12 (4) (b) of the administrative code is created to read:

AB454,54,15 Trans 400.12 (4) (b) The department at its sole discretion may determine to hold a public hearing or afford the opportunity for a public hearing for ER actions. If the department determines to afford the opportunity for a public hearing for an ER action, the department shall follow EA procedures under par. (a).

AB454,215 Section 215. Trans 400.13 (1) (a) of the administrative code is repealed.

AB454,216 Section 216. Trans 400.13 (1) (am) of the administrative code is created to read:

AB454,54,21 Trans 400.13 (1) (am) To the maximum extent practicable, the department shall expeditiously develop a single document that consists of an FEIS and ROD, unless any of the following applies:

AB454,54,23 1. The FEIS makes substantial changes to the proposed action that are relevant to environmental or safety concerns.

AB454,55,3 2. There are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action.

AB454,217 Section 217. Trans 400.13 (1) (b) (intro.) of the administrative code is amended to read:

AB454,55,7 Trans 400.13 (1) (b) (intro.) The record of decision , whether issued in combination with an FEIS or separately, shall contain the following information:

AB454,218 Section 218. Trans 400.13 (2) (a) of the administrative code is amended to read:

AB454,55,12 Trans 400.13 (2) (a) The decision to revise an EA to constitute a FONSI shall not be made until after the end of the 30-day comment period specified in the notice of availability of the EA provided for under s. Trans 400.11 (5) (b) (8).

AB454,219 Section 219. Trans 400.13 (3) of the administrative code is created to read:

AB454,55,16 Trans 400.13 (3) ER. (a) Unless the department determines to hold, or afford the opportunity for, a public hearing under s. Trans 400.12 (4) (b), an approved ER document constitutes the department's final decision on a proposed action.

AB454,55,20 (b) When the department holds, or affords the opportunity for, a public hearing on an ER, the decision to revise an ER to constitute a final decision on a proposed action shall not be made until after the end of the comment period specified in the notice of availability of the ER provided for under s. Trans 400.11 (8).

AB454,56,2 (c) If potentially significant impacts have not been identified during the ER availability period, the department shall revise the ER as appropriate and shall attach a summary of the public hearing, if a hearing was held, and a summary of any comments received and responses thereto. These items, along with a statement of no significant impact, shall constitute the final action determination document and the record of decision.

AB454,56,5 (d) If, at any point in the ER process, the department determines that the proposed action may have a significant impact on the quality of the human environment, an EIS shall be prepared before proceeding with the proposed action.

AB454,220 Section 220. Trans 400.14 (1) (a) of the administrative code is amended to read:

AB454,56,21 Trans 400.14 (1) (a) A reevaluation of a DEIS shall be prepared if 3 years have elapsed before the date of publication of the notice of availability of the FEIS provided for under s. Trans 400.11 (4). A reevaluation of a DEIS shall also be prepared any time prior to the date of publication of the notice of availability of the FEIS if, in the judgment of the department, there have been significant changes in the proposed action, the affected human environment, the anticipated environmental impacts or the proposed mitigation measures. If in either case the reevaluation indicates or confirms any such significant changes, a new environmental document or supplemental DEIS shall be prepared prior to proceeding with the proposed action. The supplemental DEIS shall be prepared and processed in the same manner as a DEIS under this chapter. Preparation of the supplemental DEIS shall not require withdrawal of previous approvals for those aspects of the proposed action not directly affected by the changed condition or new information.

AB454,221 Section 221. Trans 400.14 (2) (a) of the administrative code is amended to read:

AB454,57,8 Trans 400.14 (2) (a) A reevaluation of a FEIS shall be prepared any time there have been, in the judgment of the department, significant changes in the proposed action, the affected human environment, the anticipated environmental impacts or the proposed mitigation measures. If the reevaluation confirms any such significant changes, a new environmental document or supplemental FEIS shall be prepared prior to proceeding with the proposed action. The supplemental FEIS shall be prepared and processed in the same manner as a FEIS under this chapter. Preparation of the supplemental FEIS shall not require withdrawal of previous approvals for those aspects of the proposed action not directly affected by the changed condition or new information.

AB454,222 Section 222. Trans 400.14 (3) of the administrative code is created to read:

AB454,57,12 Trans 400.14 (3) Revision of final action document. (a) The department may revise a final action document, including a ROD, FONSI, or ER, in order to do any of the following:

AB454,57,15 1. Select a different alternative, if the new selected alternative is fully evaluated in the FEIS, EA, or ER to the same degree as the originally selected alternative.

AB454,57,17 2. Make substantial changes to mitigation measures or findings discussed in the final agency action.

AB454,57,22 (b) If the department revises a final action document under par. (a), those agencies that reviewed the FEIS, EA, or ER shall be given an opportunity to review and comment on the revised final action document. To the extent practicable, the approved revised final action document shall be provided to all persons, organizations, and agencies that received the FEIS, EA, or ER.

AB454,223 Section 223. Trans 401.04 (28) of the administrative code is amended to read:

AB454,58,3 Trans 401.04 (28) "Section 404 permit" means a permit issued by the U.S. army corps of engineers Army Corps of Engineers under 33 USC 1344 of the clean water act, as amended.

AB454,224 Section 224. Trans 510.08 (2) (intro.), (a) and (b) of the administrative code are consolidated, renumbered Trans 510.08 (2) and amended to read:

AB454,58,19 Trans 510.08 (2) A jobs guarantee with the local governing body shall be part of the project agreement when deemed necessary by the department in order to protect the public interest. The local governing body shall, in turn, be encouraged to develop a similar agreement with the economic development project. The jobs guarantee shall obligate the local governing body to reimburse the department for up to the full amount of the grant if either of the following occurs: (a) The guaranteed number of direct jobs associated with the economic development project do not result within 3 years of the date the project agreement is executed. (b) The the guaranteed number of direct jobs associated with the economic development project do not exist 7 5 years after the date the project agreement is executed. The base number of jobs to be used for comparison shall be established on the date funds are awarded. Verification of the number of direct jobs associated with the economic development project shall be made utilizing information available from the department of workforce development and other sources.