1. (a) Procedures. Maintenance programs are a part of the department's mandate to develop and maintain a safe and efficient transportation system for Texas. The following procedures provide for the environmental review and public comment on department maintenance programs.

2. (b) Environmental review.

   1. (1) The department shall conduct an environmental review of the following maintenance programs:

      1. (A) bridge maintenance;
      2. (B) customer service;
      3. (C) debris and spills;
      4. (D) drainage;
      5. (E) ferry maintenance;
      6. (F) maintenance enhancement;
      7. (G) pavement maintenance;
      8. (H) roadside appurtenances;
      9. (I) traffic pavement markings; and
      10. (J) vegetation management.

   2. (2) The environmental review shall consist of:

      1. (A) a description of the maintenance program and the activities in each;
      2. (B) the department's evaluation of direct and indirect effects of each maintenance program;
      3. (C) the department's analysis of program alternatives; and
      4. (D) a description of the department's best management practices and mitigation plans for each maintenance program.
   3. (3) The division will analyze and coordinate each review with state and federal environmental resource agencies and work with them to develop effective environmental protection measures.
   4. (4) The department will review the environmental reviews at least every five years, making appropriate revisions and re-coordinating the reviews with resource agencies. The updated environmental reviews will serve as the basis for public hearings.

3. (c) Early coordination and public involvement.

   1. (1) The department, pursuant to §2.43(b)(1) of this title (relating to Highway Construction Projects--State Funds), shall coordinate and consult with state and federal resource agencies on its maintenance programs. The department will work with resource agencies to ensure that natural, cultural, and physical resources are protected.

   2. (2) Following the preparation and coordination of environmental reviews for each maintenance program, the department shall conduct one or more public hearing, to solicit comments from the public on maintenance programs. Such hearing will be conducted within six months of the approval of the environmental reviews prepared for each maintenance program.

      1. (A) Public hearing notices will be published in at least one edition of the Texas Register and the hearings will be held pursuant to §1.5 of this title (relating to Public Hearings).
      2. (B) The department will report to the commission the findings of both the environmental review and the public hearings for each maintenance program.
      3. (C) Public hearings for all maintenance programs will be held once every five years, in order to determine that maintenance programs are current and environmentally sound. The department may elect to have one public hearings, or separate public hearings for one or more maintenance programs.

Source Note:The provisions of this §2.47 adopted to be effective March 8, 1995, 20 TexReg 1339.