1. (a) Environmental studies. Environmental studies for public transportation projects will be accomplished in accordance with applicable state and federal law as listed in §2.42 of this title (relating to Highway Construction Projects--Federal Aid) and §2.43 of this title (relating to Highway Construction Projects--State Funds).

2. (b) Early coordination and public involvement. Early coordination and public involvement for public transportation projects will be in accordance with §2.43(b) of this title (relating to Highway Construction Projects--State Funds), with the following exceptions.

   1. (1) Local transit operators are responsible for early coordination and public involvement activities, including media releases, with assistance from the department as necessary.
   2. (2) The provisions of §2.43(b)(5) of this title (relating to Highway Construction Projects--State Funds) do not apply to public transportation projects.

3. (c) Categorical exclusions. Environmental studies for public transportation projects will be completed in accordance with §2.43(c) of this title (relating to Highway Construction Projects--State Funds), with the following exceptions:

   1. (1) the local transit operator is responsible for conducting any studies to document CE status, with assistance from the department as necessary; and
   2. (2) public transportation projects shall be submitted to the department by the local transit operator.
4. (d) Environmental assessments. Environmental assessments (EA) submitted to districts for public transportation projects shall conform to the requirements of §2.43(d) of this title (relating to Highway Construction Projects--State Funds) with the exception that local transit operators are responsible for the preparation of environmental studies and documents.

5. (e) Environmental impact statements.

   1. (1) Environmental impact statements (EIS) submitted to districts for public transportation projects shall conform to the requirements of §2.43(e) of this title (relating to Highway Construction Projects--State Funds), with the exception that local transit operators are responsible for the preparation of the EIS, including draft, final, or supplemental versions.
   2. (2) The local transit operator is responsible for publishing the notice of intent pursuant to §2.43(e)(3) of this title (relating to Highway Construction Projects--State Funds), in local newspapers.
   3. (3) The local transit operator is responsible for soliciting and responding to comments received on a DEIS and an FEIS, including notices in local newspapers. The department will assist the local transit operator as necessary.

Source Note:The provisions of this §2.44 adopted to be effective March 8, 1995, 20 TexReg 1339.