AB454: Bill Text

AB454,38,7 Trans 400.04 (10) "ER" or "environmental report" means a brief document used internally by the department to demonstrate a proposed action fits the criteria or conditions for approval as a categorical exclusion in 23 CFR 771.117 (d), April 1, 1991, or has met the review criteria of paragraph 23.a. of chapter 3 of federal aviation administration order 5050.4A of October 8, 1985, under s. Trans 400.08 (1) (d) or has been properly coordinated with other agencies having jurisdiction by law over specific activities.

AB454,158 Section 158. Trans 400.04 (15) of the administrative code is repealed.

AB454,159 Section 159. Trans 400.04 (22m) of the administrative code is created to read:

AB454,38,13 Trans 400.04 (22m) "Participating agency" means any Native American tribe or any local, state, or federal agency, other than the lead agency, with an interest in the project. "Participating agency" includes cooperating agencies but does not include nongovernmental organizations or other private entities.

AB454,160 Section 160. Trans 400.04 (24) of the administrative code is amended to read:

AB454,38,18 Trans 400.04 (24) "Reevaluation" means the review of a DEIS or FEIS an approved draft or final environmental document to assess whether there have been significant changes in the proposed action, the affected human environment, the anticipated environmental impacts, or the proposed mitigation measures.

AB454,161 Section 161. Trans 400.05 of the administrative code is amended to read:

AB454,39,7 Trans 400.05 Federal regulations adopted. Federal regulations, 23 CFR 771.115, 771.117, 771.119(a) and 771.123(a), April 1, 1998, adopted jointly by the federal highway administration and urban mass transit administration of the United States department of transportation, and its federal aviation administration order 5050.4A, chapter 3, paragraphs 20, 21, 22, and 23, October 8, 1985, pursuant to 40 CFR 1508.4, July 1, 1998, as approved by the United States council on environmental quality, and 40 CFR 1506.8 and 1508.17 References throughout this chapter to federal regulations and orders are to the following specific versions, which are hereby adopted by the department and are attached hereto in appendix 1: 23 CFR 771.115, 771.117, and 771.118, April 1, 2015; 40 CFR 1500.4, 1500.5, 1506.8, and 1508.4, July l, 2015; 49 CFR 266.19, October 1, 2014; and the United States department of transportation federal aviation administration order 5050.4B, chapters 6, 7, and 9, April 28, 2006.

AB454,162 Section 162. Trans 400.05 (note) of the administrative code is repealed.

AB454,163 Section 163. Trans 400.06 (5) of the administrative code is amended to read:

AB454,39,12 Trans 400.06 (5) Measures necessary to avoid, minimize and to mitigate for the mitigation of adverse environmental impacts of proposed actions shall be part of the development and evaluation of alternatives.

AB454,164 Section 164. Trans 400.06 (6) of the administrative code is amended to read:

AB454,39,20 Trans 400.06 (6) The department shall implement procedures to make the WEPA process more useful to decision makers and the public by reducing paperwork and reducing delay utilizing the means for achieving these goals as specified in the rules of the United States council on environmental quality at 40 CFR 1500.4 and 1500.5, July 1, 1990, that which are attached hereto in appendix 1. Environmental documents shall be concise, clear, and to the point and emphasize real environmental issues and alternatives.

AB454,165 Section 165. Trans 400.07 (2) (intro.) of the administrative code is amended to read:

AB454,39,25 Trans 400.07 (2) (intro.) Except for actions designated CE actions which do not require any environmental documentation, actions Actions and procedures designated EIS, EA or ER shall require the following environmental documentation:

AB454,166 Section 166. Trans 400.07 (2) (b) 1. of the administrative code is amended to read:

AB454,40,13 Trans 400.07 (2) (b) 1. An EA shall be prepared for those project actions for which the significance of the environmental impact is not clearly established. If it is concluded from the analysis in the EA that the action is a major action, an EIS shall be prepared. If it is concluded from the analysis in the EA that the action is not a major action, the EA shall be revised to constitute a FONSI, and the FONSI shall serve as the environmental document. The FONSI shall be prepared only after availability of the EA for public, and cooperating and participating agency, review and comment and the incorporation of any appropriate revisions resulting from the public involvement process. Where a permit will be required or other agency coordination is specifically required by law, the FONSI may serve as the vehicle for such permit or coordinating agency approval.

AB454,167 Section 167. Trans 400.07 (2) (c) (intro.) of the administrative code is amended to read:

AB454,41,2 Trans 400.07 (2) (c) (intro.) ER. An ER is a procedure followed for an action that is likely to fit the criteria for a conditional categorical exclusion in 23 CFR 771.117 (d), April 1, 1998 23 CFR 771.118 (d), or federal aviation administration order 5050.4A, chapter 3, paragraph 23.a., October 8, 1985 5050.4B, chapter 6, paragraph 605, or otherwise requires coordination with or concurrence of another agency. An environmental report, or ER, shall be prepared to demonstrate whether the proposed action does fit the criteria or conditions for approval as a categorical exclusion and has been properly coordinated with other agencies having jurisdiction by law over specific activities. The ER shall serve as the department's record of coordination with other agencies having jurisdiction over specific activities, including the following activities:

AB454,168 Section 168. Trans 400.08 (1) (a) (intro.) of the administrative code is amended to read:

AB454,41,11 Trans 400.08 (1) (a) (intro.) EIS - Environmental Impact Statement. The federal highway administration regulations at 23 CFR 771.115(a) April 1, 1998, federal aviation administration order 5050.4A, chapter 3, paragraph 21, October 8, 1985, identify types of federally funded actions which require the preparation of an environmental impact statement. The following are examples of department major actions that normally require the preparation of an environmental impact statement:

AB454,169 Section 169. Trans 400.08 (1) (a) (intro.) (note) of the administrative code is repealed.

AB454,170 Section 170. Trans 400.08 (1) (a) 1. c. of the administrative code is amended to read:

AB454,41,19 Trans 400.08 (1) (a) 1. c. New construction Construction or extension of a fixed rail transit facilities including facility, such as rapid rail, light rail, commuter rail, and automated guideway transit or bus rapid transit, that will not be located within an existing transportation right-of-way.

AB454,171 Section 171. Trans 400.08 (1) (a) 2. a. of the administrative code is amended to read:

AB454,41,24 Trans 400.08 (1) (a) 2. a. First time Unconditionally approving or funding the first airport layout plan approval or airport location approval for a new commercial service airport located in a standard metropolitan statistical area.

AB454,172 Section 172. Trans 400.08 (1) (a) 2. b. of the administrative code is amended to read:

AB454,42,6 Trans 400.08 (1) (a) 2. b. Federal financial participation in, or airport layout plan approval of, Unconditionally approving or funding a new runway capable of handling to accommodate air carrier aircraft at a commercial service airport located in a standard metropolitan statistical area.

AB454,173 Section 173. Trans 400.08 (1) (a) 3. (note) of the administrative code is amended to read:

AB454,42,14 Trans 400.08 (1) (a) 3. (note) The federal highway administration regulations at 23 CFR 771.115 (a) and federal aviation administration order 5050.4B, chapter 9, paragraph 903, identify types of federally funded actions which normally require the preparation of an environmental impact statement. The federal railroad administration regulation at 49 CFR 266.19, October 1, 1997, generally identifies actions that do not require an environmental impact statement.

AB454,174 Section 174. Trans 400.08 (1) (b) (intro.) of the administrative code is amended to read:

AB454,42,24 Trans 400.08 (1) (b) (intro.) EA - Environmental Assessment. EA procedures apply to actions for which the significance of the environmental impacts is not clearly established and require the preparation of an environmental assessment to make that determination. The federal highway administration regulations at 23 CFR 771.115(c) April 1, 1998, and the federal aviation order 5050.4A, chapter 3, paragraph 22, October 8, 1985 identify the types of federal actions that require the preparation of an environmental assessment. Examples of the department's actions that are required to follow the EA procedure are as follows:

AB454,175 Section 175. Trans 400.08 (1) (b) 1. of the administrative code is repealed and recreated to read:

AB454,43,6 Trans 400.08 (1) (b) 1. `Highways and transit.' In addition to actions the department determines meet the criteria for an EA action under this chapter, the department may apply EA procedures to the highway and transit actions generally identified in 23 CFR 771.115 (c).

AB454,176 Section 176. Trans 400.08 (1) (b) 2. of the administrative code is repealed and recreated to read:

AB454,43,12 Trans 400.08 (1) (b) 2. `Airports.' In addition to actions the department determines meet the criteria for an EA action under this chapter, the department may apply EA procedures to actions generally identified in federal aviation administration order 5050.4B.

AB454,177 Section 177. Trans 400.08 (1) (b) 3. of the administrative code is amended to read:

AB454,43,20 Trans 400.08 (1) (b) 3. Administrative facilities. Construction Examples of department actions regarding administrative facilities to which EA procedures normally apply are: construction of a new or replacement administrative building, including an office building, state patrol academy, driver licensing and testing station, state patrol communications building, or other similar facility, at a new location.

AB454,178 Section 178. Trans 400.08 (1) (b) 5. (intro.) of the administrative code is amended to read:

AB454,43,25 Trans 400.08 (1) (b) 5. (intro.) Policy, contract, standard, and specification changes. Examples of department actions regarding policy, contract, standard, and specification changes to which EA procedures normally apply are:

AB454,179 Section 179. Trans 400.08 (1) (c) (intro.) of the administrative code is renumbered Trans 400.08 (1) (d) (intro.) and amended to read:

AB454,44,10 Trans 400.08 (1) (d) (intro.) ER - Environmental Report. ER procedures apply to actions identified in 23 CFR 771.117(d), April 1, 1998, and federal aviation administration order 5050.4A, chapter 3, paragraph 23a., October 8, 1985. ER actions require documentation with an environmental report. The environmental report shall demonstrate that the action meets the criteria for a categorical exclusion by demonstrating that specific conditions or criteria for the action have been addressed and that significant environmental effects will not result. Examples of ER actions to which ER procedures apply are as follows:

AB454,180 Section 180. Trans 400.08 (1) (c) 1. of the administrative code is repealed and recreated to read:

AB454,44,16 Trans 400.08 (1) (c) 1. `Highways and transit.' In addition to actions the department determines meet the criteria for a CE action under this chapter, the department may classify as CE actions those highway and transit actions identified in 23 CFR 771.117 (c) and 23 CFR 771.118 (c).

AB454,181 Section 181. Trans 400.08 (1) (c) 2. of the administrative code is repealed and recreated to read:

AB454,44,22 Trans 400.08 (1) (c) 2. `Airports.' In addition to actions the department determines meet the criteria for a CE action under this chapter, the department may classify as CE actions those airport actions identified in federal aviation administration order 5050.4B.

AB454,182 Section 182. Trans 400.08 (1) (c) 3. of the administrative code is renumbered Trans 400.08 (1) (d) 3. and amended to read:

AB454,45,7 Trans 400.08 (1) (d) 3. Administrative facilities. Extensive Examples of department actions regarding administrative facilities to which ER procedures normally apply are: extensive remodeling, expansion or modification of an administrative building, including an office building, state patrol academy, driver licensing and testing station, state patrol communications building, or other similar facility, which either substantially increases the capacity of the facility or substantially changes its use.

AB454,183 Section 183. Trans 400.08 (1) (c) 4. of the administrative code is renumbered Trans 400.08 (1) (d) 4.

AB454,184 Section 184. Trans 400.08 (1) (c) 5. of the administrative code is renumbered Trans 400.08 (1) (d) 5., and Trans 400.08 (1) (d) 5. (intro.), as renumbered, is amended to read:

AB454,45,15 Trans 400.08 (1) (d) 5. (intro.) Policy, contract, standard and specification changes. Examples of department actions regarding policy, contract, standard, and specification changes to which ER procedures normally apply are:

AB454,185 Section 185. Trans 400.08 (1) (d) (intro.) of the administrative code is renumbered Trans 400.08 (1) (c) (intro.) and amended to read:

AB454,46,6 Trans 400.08 (1) (c) (intro.) CE - Categorical Exclusions. CE actions are categorically excluded from the requirement to prepare environmental documentation pursuant to the rule published by the United States department of transportation in 23 CFR 771.117, April 1, 1998, or its federal aviation administration order 5050.4A, chapter 3, paragraph 23, October 8, 1985. CE actions do not require environmental documentation because, based on past experience with similar actions, they do not involve significant environmental impacts. They are actions which do not induce significant impacts to planned growth or land use for the area, do not require the relocation of significant numbers of people, do not have a significant impact on any natural, cultural, recreational, historic or other resource, do not involve significant air, noise, or water quality impacts, do not have significant impacts on travel patterns, and do not otherwise, either individually or cumulatively, have any significant environmental impacts. Examples of CE actions include the following:

AB454,186 Section 186. Trans 400.08 (1) (d) 1. of the administrative code is repealed and recreated to read:

AB454,46,12 Trans 400.08 (1) (d) 1. `Highways and transit.' In addition to actions the department determines meet the criteria for an ER action under this chapter, the department may apply ER procedures to the highway and transit actions identified in 23 CFR 771.117 (d) and 23 CFR 771.118 (d).

AB454,187 Section 187. Trans 400.08 (1) (d) 2. of the administrative code is repealed and recreated to read:

AB454,46,18 Trans 400.08 (1) (d) 2. `Airports.' In addition to actions the department determines meet the criteria for an ER action under this chapter, the department may apply ER procedures to actions identified in the federal aviation administration order 5050.4B.

AB454,188 Section 188. Trans 400.08 (1) (d) 3. of the administrative code is renumbered Trans 400.08 (1) (c) 3. and amended to read:

AB454,46,25 Trans 400.08 (1) (c) 3. Administrative facilities. Minor Examples of department actions regarding administrative facilities that are normally classified as CE actions are: minor construction or expansion of an airport facility, such as a runway, taxiway, apron, service or entrance road, or passenger handling or parking facility.

AB454,189 Section 189. Trans 400.08 (1) (d) 4. of the administrative code is renumbered Trans 400.08 (1) (c) 4.

AB454,190 Section 190. Trans 400.08 (2) (a) of the administrative code is amended to read:

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: