1. (a) Applicability.

   1. (1) A reference in this subsection to public involvement means this section and §2.6 of this subchapter (relating to Public Involvement-Meeting with Affected Property Owners (MAPO)) through §2.9 of this subchapter (relating to Public Involvement-Public Hearing).
   2. (2) The public involvement for a transportation project is based on the project's type, complexity, and level of public concern that is based on environmental issues.

2. (b) Responsible office.

   1. (1) The district responsible for a project shall be responsible for conducting public involvement.
   2. (2) Each district shall maintain a list of elected public officials, individuals, and groups interested in transportation projects. A district shall provide notification to these individuals and groups of a public meeting and of a public hearing.

3. (c) Public involvement for CE project.

   1. (1) The district shall review §2.6 of this subchapter and hold a MAPO if appropriate.
   2. (2) The district shall review §2.7 of this subchapter (relating to Public Involvement-Public Meeting) and hold a public meeting if appropriate.
   3. (3) The district shall review §2.8 of this subchapter (relating to Public Involvement-Opportunity for Public Hearing) and §2.9 of this subchapter and provide an opportunity for public hearing and hold a public hearing if appropriate.
   4. (4) If the district held a public hearing, the district shall publish a notice of availability in local newspapers having general circulation of the availability of the summary and analysis, and the comment and response report of the public hearing, and how to obtain copies of the summary and analysis and comment and response reports. The district shall give the notice of availability to the metropolitan planning organization, and provide the notice to the local media through a press release.

4. (d) Public involvement for EA project or Supplemental EA project.

   1. (1) The district shall review §2.7 of this subchapter and hold a public meeting if appropriate.
   2. (2) The district shall review §2.8 and §2.9 of this subchapter and provide an opportunity for a public hearing or hold a public hearing if appropriate.
   3. (3) If the district held a public hearing, the district shall publish a notice of availability in local newspapers having general circulation of the availability of the summary and analysis, and the comment and response report of the public hearing, and how to obtain copies of the summary and analysis and comment and response reports. The district shall give the notice of availability to the metropolitan planning organization, and provide the notice to the local media through a press release.
   4. (4) If a FONSI is issued concerning the transportation project the district shall give notice of availability of the FONSI to the metropolitan planning organization, and to the local media by press release.

5. (e) Public involvement for EIS project or supplemental EIS project.

   1. (1) Applicability of certain requirements.

      1. (A) Except as provided in subparagraph B of this paragraph, the requirements in this subsection apply to projects that are an EIS project or SEIS project.
      2. (B) The requirements in this subsection that implement Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (P.L. 109-059)(SAFETEA-LU)(23 United States Code §139) apply only to certain EIS projects and SEIS projects. The requirements apply to a federal-aid project if the original NOI was published in the Federal Register after August 10, 2005. The requirements apply to a state project if the original NOI was published in the Texas Register after August 10, 2005.

   2. (2) Notice of Intent (NOI).

      1. (A) Notice of intent means a notice that an environmental impact statement will be prepared and considered. An NOI is a required form of public involvement. The department shall publish an NOI prior to the preparation of an EIS, and when the department determines it is necessary to supplement a final EIS.

      2. (B) The NOI shall:

         1. (i) briefly describe the project;
         2. (ii) identify known and potential significant impacts on the human environment to the extent known at this stage of project planning;
         3. (iii) identify any preliminary alternatives under consideration by the department;
         4. (iv) identify the federal approvals anticipated to be necessary for the project;
         5. (v) identify whether, when, and where any scoping meetings will be held;
         6. (vi) state that the scoping meeting is an opportunity for participating agencies, cooperating agencies, and the public to be involved in defining the need and purpose for the proposed project, and to assist in determining the range of alternatives for consideration in the DEIS;
         7. (vii) give a proposed schedule for completion of the environmental review process, if available; and
         8. (viii) give the name and address of the designated department employee who can answer questions about the project and the EIS.
      3. (C) The district shall prepare a draft NOI. The environmental division shall review and, if appropriate, approve the notice. For a federal-aid project, FHWA shall review and, if appropriate, approve the notice.
      4. (D) If the environmental division approves the NOI the environmental division shall submit it for publication in the Texas Register. If it is a federal-aid project, the department shall provide a copy of the approved NOI to FHWA for publication in the Federal Register. The district shall publish the NOI or a summary in local newspapers.
      5. (E) After publication of the NOI the district shall begin the scoping process and prepare the coordination plan under paragraph (3) of this subsection.

   3. (3) Coordination plan.

      1. (A) A coordination plan is a plan for coordinating public and agency participation in and comment on the environmental review process. As early as practicable in the environmental review process the district responsible for a project shall prepare a plan. The district may develop a coordination plan on a project by project basis.

      2. (B) Except as provided in subparagraph (D) of this paragraph, a coordination plan shall provide for:

         1. (i) an initial scoping meeting that addresses:

            1. (I) a draft need and purpose statement, together with backup materials and a request for comments on it;
            2. (II) a draft coordination plan for the entire environmental review process, and a request for comments on it;
            3. (III) the range of alternatives, and the known or potential significant impacts (to the extent known at this stage of project planning) to be addressed in the EIS;
            4. (IV) a proposed method of alternatives analysis specifying the level of detail for each alternative proposed by the district, and a request for comments;
            5. (V) information for issue identification and resolution, including information regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration; and
            6. (VI) identification of the potential participating agencies and cooperating agencies;

         2. (ii) a second scoping meeting that presents:

            1. (I) the approved coordination plan;
            2. (II) the range of alternatives based on the approved need and purpose; and
            3. (III) the method and level of detail used for the alternatives analysis, after taking into consideration input given during the initial scoping meeting;
         3. (iii) a deadline of no less than 45 days for comment on the DEIS from availability of the DEIS (For a federal-aid project, the materials are deemed available upon publication in the Federal Register of notice of the public availability of the document. The deadline for all other comment periods is no more than 30 days from availability of the materials on which comment is requested.); and
         4. (iv) identification of the participating agencies and cooperating agencies.

      3. (C) A coordination plan may include a schedule for completion of the environmental review process for the project. In establishing a schedule, the district shall consider:

         1. (i) the responsibilities of participating agencies and cooperating agencies under applicable laws;
         2. (ii) resources available to the cooperating agencies;
         3. (iii) overall size and complexity of the project;
         4. (iv) the overall schedule for and cost of the project; and
         5. (v) the sensitivity of the natural and historic resources that could be affected by the project.
      4. (D) Scoping meetings are not required for a supplemental EIS.

      5. (E) The district shall obtain approval of a coordination plan in accordance with this subparagraph.

         1. (i) The district shall submit the draft coordination plan to the environmental division for approval before the initial scoping meeting. For a federal-aid project, the FHWA shall review, and if appropriate, approve the draft coordination plan.
         2. (ii) The district shall circulate the approved draft coordination plan to the identified agencies to invite them to become one or both participating agencies and cooperating agencies during the environmental review process, to comment on the draft coordination plan, and to comment on a proposed schedule for the completion of the environmental process if one is available. The district shall consider comments by the agencies concerning need and purpose, the range of alternatives, the method of alternatives analysis and level of detail, and the schedule for completing the environmental review process if available. The district shall circulate the approved draft coordination plan to the public under paragraph (6) of this subsection. The district shall consider comments by the public concerning purpose and need, and the range of alternatives. The district shall allow no less than 30 days for comment on the draft coordination plan and schedule. For an EIS the deadline shall be after the initial scoping meeting and before the second scoping meeting. After the comment period the district shall submit the coordination plan to the environmental division for approval. For a federal-aid project the environmental division shall submit the plan to FHWA for approval.
      6. (F) The district shall give a copy of the approved coordination plan, plus any approved schedule for completion of the environmental review process, to the participating agencies and cooperating agencies and shall make it available to the public.

      7. (G) A deadline for comment by agencies and the public established in a coordination plan may be changed in accordance with this subparagraph.

         1. (i) A deadline may be extended for good cause. The good cause shall be documented in the administrative record for the project. For a federal-aid project, the environmental division shall submit the proposed extended deadline to FHWA for approval.
         2. (ii) The district must obtain the concurrence of participating agencies and cooperating agencies to shorten a deadline, and their concurrence shall be documented in the administrative record for the project. For a federal-aid project, the environmental division shall submit the proposed shortening of the deadline to FHWA for approval.
   4. (4) Public meeting. The district shall hold at least one public meeting under §2.7 of this subchapter.

   5. (5) Notice of availability of DEIS. Notice of availability of the DEIS shall be made under this paragraph after the DEIS is approved under §2.12 of this subchapter, subsection (e) (relating to DEIS).

      1. (A) The environmental division shall:

         1. (i) publish a notice of availability in the Texas Register describing a circulation and comment period of no less than 45 days and identifying where comments are to be sent;
         2. (ii) for a federal-aid project, provide a copy of the notice of availability to FHWA for publication in the Federal Register;
         3. (iii) transmit the DEIS at no charge to state agencies through the TRACS system, and directly to participating federal agencies and cooperating federal agencies; and
         4. (iv) coordinate directly with other governmental entities in accordance with memoranda of understanding under Subchapter B of this chapter, memoranda of agreement, or other formal and informal agreements with those entities.

      2. (B) The district shall:

         1. (i) publish a notice of availability in local newspapers describing a circulation and comment period of no less than 45 days and identifying where comments are to be sent; and
         2. (ii) coordinate directly with local agencies, including the appropriate metropolitan planning organization.
   6. (6) Circulation of draft coordination plan, DEIS, and FEIS. This paragraph applies to the circulation of the draft coordination plan when it is approved under this subsection, and to the circulation of the DEIS and FEIS when the respective documents are approved under §2.12 of this subchapter (relating to Environmental Impact Statement (EIS)). The district shall prepare an initial printing of the document in sufficient quantity to meet the request for copies that can be reasonably expected from agencies, organizations, and individuals. Copies shall be provided upon request. The district shall place copies of a draft coordination plan or DEIS in appropriate designated public locations, such as local government offices, libraries, or other public institutions. The district shall transmit the FEIS to a person, organization, or agency that made substantive comments on the DEIS or requested a copy. The environmental division shall give the document to the participating state and federal agencies, and to cooperating agencies. The department may charge a fee not to exceed the cost of reproduction. In the case of a lengthy document, the district or environmental division may provide alternative circulation processes under 40 Code of Federal Regulations §1502.19, including the circulation of a summary.

   7. (7) Public hearing concerning DEIS. A public hearing concerning the DEIS shall be held under this paragraph after the DEIS is approved under §2.12 of this subchapter, subsection (e) (relating to DEIS).

      1. (A) The district shall hold a public hearing for a DEIS highway improvement project in accordance with §2.9 of this subchapter.
      2. (B) The district shall make available the DEIS at a designated location for the general public 45 days in advance of the public hearing.

   8. (8) Notice of availability of FEIS. Notice of availability shall be made under this paragraph after the FEIS is approved under §2.12 of this subchapter.

      1. (A) For a federal-aid project, the environmental division shall provide a copy of the notice of availability of the FEIS to FHWA for publication in the Federal Register.

      2. (B) The environmental division shall publish a notice of availability of the FEIS in the Texas Register. The district shall publish a duplicate notice in local newspapers. The notices shall:

         1. (i) include information on obtaining copies; and
         2. (ii) state that the public will have no less than 30 days following publication of the notice in the Texas Register to submit comments, and how the public may submit comments.
      3. (C) The environmental division shall coordinate directly with other governmental entities in accordance with memoranda of understanding under Subchapter B of this chapter, memoranda of agreement, or other formal and informal agreements with those entities.

   9. (9) Notice of availability of FEIS for project on Trans-Texas Corridor. In addition to the requirements in paragraph (7) of this subsection, after the FEIS for a project on the Trans-Texas corridor is approved under §2.12 of this subchapter, the district shall take the actions described in this paragraph.

      1. (A) The district shall post the FEIS on the department's internet website, along with information detailing where a copy may be reviewed or obtained.

      2. (B) The district shall notify the following persons that the FEIS is available on the department's website:

         1. (i) each state senator and representative who represents any part of the area in which a segment of the project is located; and
         2. (ii) the commissioners court of each county in which the project is located.
   10. (10) Notice of ROD. The environmental division shall publish notice of the ROD in the Texas Register. The district shall publish a notice of availability of the ROD in local newspapers.
6. (f) Additional requirements for certain projects. This subsection applies to a project that involves the addition of one or more vehicular lanes to an existing highway, or to the construction of a highway at a new location, following project approval of a CE, or issuance of a FONSI or ROD. Pursuant to Transportation Code, §203.022(a), the district shall give notice of a transportation project to owners of adjacent property, and affected local governments and public officials. The district shall review the requirements in §2.8 and §2.9 of this subchapter and provide an opportunity for public hearing and hold a public hearing if appropriate.
7. (g) After completion of public involvement. Following completion of the public involvement process, the department shall publicize through press releases project specific planning and development decisions in order to keep the public informed of any new or continuing issues. Changes to the project may require additional public involvement.

8. (h) Additional requirements for project affected by significant changes.

   1. (1) Pursuant to Transportation Code, §203.022(b), the district shall provide an additional opportunity for public involvement for a project that has received project approval. This subsection applies if:

      1. (A) the project involves the addition of one or more vehicular lanes to an existing highway, or to the construction of a highway at a new location; and
      2. (B) there are conditions relating to land use, traffic volumes, and traffic patterns that have changed significantly since the project was originally subject to public review and comment.

   2. (2) If this subsection applies to a project the district shall conduct public involvement under this paragraph.

      1. (A) The district shall provide an opportunity for public hearing under §2.8 of this subchapter.
      2. (B) The district shall hold a public hearing under §2.9 of this subchapter if the project requires the taking of public land designated and used as a park, recreation area, wildlife refuge, historic site, or scientific area.
   3. (3) The subsection does not apply to a public transportation project.
9. (i) Notice of impending construction. Pursuant to Transportation Code, §203.022(c), the district shall send notice of impending construction of a project that involves either the addition of at least one travel lane or construction of a project on new location to landowners abutting the roadway as identified by tax rolls, and to affected local governments and public officials.

Source Note:The provisions of this §2.5 adopted to be effective January 4, 2007, 31 TexReg 10817.