1. (a) Purpose. A public or private entity may not connect a regionally significant highway to a segment of the state highway system without the approval of the commission. This section prescribes the procedure by which the commission will consider approval.
2. (b) Request. An entity seeking approval under this section shall send a written request to the executive director. The request shall include a detailed schematic indicating the location of interchanges and mainlanes.

3. (c) Approval criteria.

   1. (1) The commission will approve a connection requested under this section if:

      1. (A) the highway is identified in a conforming Transportation Improvement Program;
      2. (B) the requestor agrees to design and construct the project in compliance with subsection (d) of this section; and
      3. (C) the requestor agrees to conduct public involvement and a study of the social, environmental, and economic impacts of the project in compliance with subsection (e) of this section.
   2. (2) The commission may waive the requirements of paragraph (1)(B) of this subsection as they apply to the portion of the project that is not the connection if the commission determines that the past performance of the requestor on previous projects developed in collaboration with the department indicates that the requestor will design and construct a safe and durable highway. For purposes of this paragraph, the term "connection" includes an overpass, underpass, intersection, and interchange.

   3. (3) The commission may waive the requirements of paragraph (1)(C) of this subsection if the commission determines that the requestor has a written policy that adequately provides for:

      1. (A) public involvement, including public hearings on an environmental review;
      2. (B) an evaluation of direct and indirect effects of the highway project;
      3. (C) analysis of project alternatives; and
      4. (D) a written report that briefly explains the requestor's decision on the project and that specifies the measures to mitigate environmental harm on which the project is conditioned.
4. (d) Design and construction. Except as provided in subsection (c)(2) of this section, the requestor shall design and construct the highway in accordance with §26.33(d), (f), and (g) - (1) of this title (relating to Design and Construction). For purposes of this subsection, the term RMA as used in §26.33 shall mean the requestor.

5. (e) Environmental review and public involvement.

   1. (1) Environmental documentation.

      1. (A) Subject to paragraph (4) of this subsection, a requestor 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).
      2. (B) 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.
      3. (C) The form and content of an environmental document prepared by a requestor and any decision by a requestor that an environmental impact statement is not necessary must be approved by the department.

   2. (2) Public involvement. Subject to paragraph (4) of this subsection, a requestor shall provide for public involvement by:

      1. (A) complying with §2.43(c) of this title (relating to Non Federal-Aid Transportation Projects);
      2. (B) 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. (C) notifying the department in writing not less than ten days in advance of all public meetings and public hearings held under this section.
   3. (3) Revision to environmental document. Following the public hearing, a requestor shall revise the environmental document showing the proposed changes in the project location, design, and mitigation as a result of comments and the public involvement process for the project to address any issues or concerns identified during the public involvement process.

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

      1. (A) preparation and completion of environmental studies;
      2. (B) submission of appropriate environmental documentation for department review;
      3. (C) preparation of any document revisions;
      4. (D) submission of copies of the environmental studies and documentation adequate for distribution;
      5. (E) preparation of legal and public notices for department review and use;
      6. (F) 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. (G) preparation of public meetings and hearing materials;
      8. (H) preparation of any responses to comments;
      9. (I) preparation of public meeting and public hearing summary and analysis, and the comment and response reports; and
      10. (J) 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.

   5. (5) Record. Subject to paragraph (4) of this subsection, a requestor shall provide the department:

      1. (A) the appropriate environmental document;
      2. (B) summary and comment and response reports for all meetings;
      3. (C) summary and analysis and comment and response reports for all public hearings;
      4. (D) a summary of the proposed changes in the project location and design and mitigation planned as a result of comments;
      5. (E) the verbatim transcript of any public hearing;
      6. (F) 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. (G) revised environmental document showing the proposed changes in project location, design, and mitigation as a result of comments and public involvement.
   6. (6) This subsection does not apply if the commission has approved a waiver under subsection (c)(3) of this section.

Source Note:The provisions of this §11.56 adopted to be effective October 19, 2006, 31 TexReg 8574.