Section 2.44 - Project Scope(a) Project scope required. If an environmental review document is expected to be prepared for a highway project, or if the project sponsor for a highway project is a local government and documentation of categorical exclusion is expected to be prepared for the project, the project sponsor, in collaboration with the department delegate, will prepare a detailed project scope that describes the preparation of the environmental review document or documentation of categorical exclusion and performance of related tasks. A district or division that has dual roles as both project sponsor and department delegate satisfies this requirement by placing the project scope in the project file. For purposes of this section, a project sponsor includes a local government that proposes to serve as a project sponsor and intends to seek the department's approval of such a designation under § 2.47 of this subchapter (relating to Approval of Local Government as Project Sponsor).(b) Form. The project scope must be prepared using standardized information requirements approved by the Environmental Affairs Division. The Environmental Affairs Division will establish the required content for development of a project scope. A project scope may be prepared electronically in the department's environmental database. The level of detail for any issue on the scope should be commensurate with the nature of the highway project and the potential complexity and risk of the issue.(c) Optional agreement between local government project sponsor and department. Notwithstanding any provision of this subchapter, the project scope may include the department delegate's agreement to complete a task that § 2.43 of this subchapter (relating to Project Sponsor Responsibilities) otherwise directs is the responsibility of the project sponsor. Any such agreement must clearly identify the task that the department delegate has agreed to complete.(d) Participation by FHWA. For a highway project for which an environmental decision requires FHWA approval, the FHWA may also be a party to the project scope. The project sponsor and department delegate will determine whether to invite FHWA to be a party to the project scope as soon as possible, but in no event later than the initial meeting between the project sponsor and the department delegate. Any matter agreed to by the project sponsor and the department delegate in the project scope, including the anticipated classification, may be subject to FHWA approval for an FHWA transportation project.(e) Deadline for issuing classification letter. For projects for which a local government proposes to be the project sponsor, the department delegate will issue to the local government on or before the 30th day after the date that the local government submits its proposed project scope to the department delegate, a letter indicating the anticipated classification of the project based on the information provided by the local government. If the department delegate indicates its approval of the project scope by signing it on or before the 30th day after the date that the local government submits its proposed project scope to the department delegate, a separate classification letter is not required.(f) Receipt of optional fee. If the project sponsor is a local government that proposes to pay an optional fee under § 2.46 of this subchapter (relating to Optional Payment of Fee by Local Government), the fee must be received by the department before the department delegate may indicate its approval of the project scope by signing it.(g) Amendment of project scope. The project sponsor shall promptly notify the department delegate of any change in the description of the project. If, after completion of the project scope, there is a material change in the description of the project, or any other change that materially affects how the project sponsor will satisfy the requirements of this chapter, the project scope must be amended accordingly. An amendment must be agreed to in writing by the project sponsor and the department delegate.43 Tex. Admin. Code § 2.44
The provisions of this §2.44 adopted to be effective April 16, 2012, 37 TexReg 1727; amended to be effective April 16, 2014, 39 TexReg 2941; Amended by Texas Register, Volume 41, Number 29, July 15, 2016, TexReg 5242, eff. 7/20/2016