1. (a) Studies. Prior to submitting an application to the department for the approval of a project, an applicant shall conduct a feasibility study and a study of the social and environmental impact of the project.

   1. (1) Feasibility study. An applicant shall conduct a feasibility study to determine the financial viability of the proposed project. The study shall include:

      1. (A) the proposed method for financing the planning, design, construction, maintenance, and operation of the project; and
      2. (B) traffic data and projections.

   2. (2) Social and environmental impact. An applicant shall conduct a study of the social and environmental impact of the project, consistent with the spirit and intent of the National Environmental Policy Act, 42 United States Code §§4321 et seq, and 23 United States Code §109(h). The study shall include the following components.

      1. (A) Route and alignment. The applicant shall provide a design geometric layout certified by a professional engineer registered in Texas to be in accordance with design manuals that will:

         1. (i) identify the selected route and alignment as well as the alternative routes and alignments which were considered;
         2. (ii) provide evidence of the project's logical termini and independent utility;
         3. (iii) provide the location of interchanges, mainlanes, grade separations, ramps, profiles and horizontal alignment, projected traffic volumes, and right-of-way limits for all routes and alignments considered; and
         4. (iv) identify revisions or changes to state highway system facilities necessitated by the project.

      2. (B) Environmental documentation.

         1. (i) An applicant shall prepare an environmental assessment and/or an environmental impact statement in accordance with §2.43(d) and (e) of this title (relating to Highway Construction Projects--State Funds).
         2. (ii) The form and content of an environmental assessment and environmental impact statement prepared by an applicant and any decision by an applicant that an environmental impact statement is not necessary must be approved by the department.

2. (b) Public involvement. An applicant shall provide for public involvement by:

   1. (1) complying with §2.43(b)(1) and (2) of this title (relating to Highway Construction Projects--State Funds);
   2. (2) 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. (3) notifying the department in writing not less than ten days in advance of all public meetings and public hearings held under this section.

3. (c) Record. An applicant shall provide the department a summary of all public meetings and a summary and analysis of all public hearings held under this section. The summary and analysis for each public hearing shall include:

   1. (1) the verbatim transcript of the hearing;
   2. (2) a summary of comments received, and the response to and analysis of comments;
   3. (3) any proposed changes in project location and design planned as a result of comments; and
   4. (4) certification that the public hearings were held in accordance with §2.43(b)(2) of this title (relating to Highway Construction Projects--State Funds), and the Civil Rights Act of 1964.
4. (d) Revision to environmental document. Following the public hearing, an applicant shall revise the environmental document for the project to address any issues or concerns identified during the public involvement process.

Source Note:The provisions of this §27.32 adopted to be effective February 21, 1996, 21 TexReg 977.