SECTION 27.32. Preliminary Studies

(a) Studies. Prior to submitting an application to the department for the approval of a project, an applicant shall conduct a feasibility study and a study of the social and environmental impact of the project.

(1) Feasibility study. An applicant shall conduct a feasibility study to determine the financial viability of the proposed project. The study shall include:

(A) the proposed method for financing the planning, design, construction, maintenance, and operation of the project; and

(B) traffic data and projections.

(2) Social and environmental impact. An applicant shall conduct a study of the social and environmental impact of the project, consistent with the spirit and intent of the National Environmental Policy Act, 42 United States Code §§4321 et seq., and 23 United States Code §109(h). The study shall include the following components.

(A) Route and alignment. The applicant shall provide a design geometric layout certified by a professional engineer registered in Texas to be in accordance with design manuals that will:

(i) identify the selected route and alignment as well as the alternative routes and alignments which were considered;

(ii) provide evidence of the project's logical termini and independent utility;

(iii) provide the location of interchanges, mainlanes, grade separations, ramps, profiles and horizontal alignment, projected traffic volumes, and right-of-way limits for all routes and alignments considered; and

(iv) identify revisions or changes to state highway system facilities necessitated by the project.

(B) Environmental documentation.

(i) An applicant shall prepare an environmental document in accordance with Chapter 2, Subchapter C, of this title (relating to Environmental Review and Public Involvement for Transportation Projects).

(ii) The environmental document must describe all reasonable and feasible measures to avoid, minimize, or mitigate for adverse environmental impacts and all practicable measures to enhance the environment.

(iii) The form and content of an environmental document prepared by an applicant and any decision by an applicant that an environmental impact statement is not necessary must be approved by the department.

(b) Public involvement. An applicant shall provide for public involvement by:

(1) complying with §2.43(c) of this title (relating to Non Federal-Aid Transportation Projects);

(2) holding one or more public hearings following the completion of the studies required by this section as may be necessary to ensure participation by each community affected by the project; and

(3) notifying the department in writing not less than ten days in advance of all public meetings and public hearings held under this section.

(c) Revision to environmental document. Following the public hearing, an applicant shall revise the environmental document for the project to address any issues or concerns identified during the public involvement process.

(d) Respective roles and responsibilities. The applicant shall request that the department make a determination of the respective roles and responsibilities of the applicant and the department under Chapter 2, Subchapter C, of this title (relating to Environmental Review and Public Involvement for Transportation Projects). The applicant shall comply with the department's directives. The directives will specify who will conduct the following work, either by the applicant or by the department:

(1) preparation and completion of environmental studies;

(2) submission of appropriate environmental documentation for department review;

(3) preparation of any document revisions;

(4) submission of copies of the environmental studies and documentation adequate for distribution;

(5) preparation of legal and public notices for department review and use;

(6) arrangements for appropriate public involvement, including court reporters and accommodations if requested for persons with special communication or physical needs related to public hearings;

(7) preparation of public meetings and hearing materials;

(8) preparation of any responses to comments;

(9) preparation of public meeting and public hearing summary and analysis, and the comment and response reports; and

(10) submission of documentation showing all environmental permits, issues, and commitments have been or will be completed, including copies of permits or other approvals required prior to construction.

(e) Record. An applicant shall provide the department:

(1) the appropriate environmental document;

(2) summary and comment and response reports for all meetings;

(3) summary and analysis and comment and response reports for all public hearings;

(4) a summary of the proposed changes in the project location and design and mitigation planned as a result of comments;

(5) the verbatim transcript of any public hearing;

(6) certification that all public hearings were held in accordance with §2.43 of this title (relating to Non Federal-Aid Transportation Projects, the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987; and

(7) revised environmental document showing the proposed changes in project location, design, and mitigation as a result of comments and public involvement.

Source Note: The provisions of this §27.32 adopted to be effective February 21, 1996, 21 TexReg 977; amended to be effective April 21, 2005, 30 TexReg 2235