A public or private entity receiving financial assistance under Chapter 27, Subchapter E (relating to Financial Assistance for Toll Facilities) or developing a project under Chapter 5, Subchapter E (relating to Pass-Through Tolls) must comply with the provisions of §2.42 of this subchapter if the project uses federal funds or §2.43 of this subchapter if the project uses only state funds. The entity shall initiate that process by writing to the department for a determination of the respective roles and responsibilities of the entity and the department under the applicable section. Unless the department determines that project-specific considerations warrant changes to roles and responsibilities, the governmental or private entity shall obtain the department's concurrence that the following activities were properly conducted under §2.42 or §2.43 of this subchapter:

1. (1) preparation and completion of environmental studies;
2. (2) submission of appropriate documentation (categorical exclusion, environmental assessment, and environmental impact statement, including reevaluation, and supplemental documentation) for departmental review;
3. (3) preparation of any document revisions;
4. (4) submission to the department of copies of the environmental studies and documentation adequate for distribution;
5. (5) preparation of legal and public notices in accordance with §2.43(c) of this subchapter for department review and use;
6. (6) arrangements for appropriate public involvement, including court reporters and accommodations for persons with special communication of physical needs related to the public hearing if requested;
7. (7) preparation of public meeting and hearing materials;
8. (8) preparation of any necessary responses to comments;
9. (9) preparation of the public meeting and public hearing summary and analysis, and the comment and response reports;
10. (10) submission to the department of a verbatim transcript of any public hearing and the original certification of the public involvement process as described in §2.43(c) of this subchapter; and
11. (11) submission to the department of documentation showing that all EPIC have been or will be completed, including copies of permits or other approvals required prior to construction.

Source Note:The provisions of this §2.50 adopted to be effective December 9, 2004, 29 TexReg 11371.